Children's ministry sided with sexually abusive father, court finds

B.C. child-welfare authorities forced a mother to fight charges that she was mentally unstable for nearly three years after they seized her four children and provided an opportunity for her Dr. Jekyll and Mr. Hyde ex to continue his sexual abuse.

By Vancouver SunJuly 5, 2013

B.C. child-welfare authorities forced a mother to fight charges that she was mentally unstable for nearly three years after they seized her four children and provided an opportunity for her Dr. Jekyll and Mr. Hyde ex to continue his sexual abuse.

In this horrendous case, the woman was lucky to find a lawyer to wage a marathon fight against the Ministry of Children and Family Development and win vindication.

Aside from the emotional strength needed, what parent could afford the more-thanhalf-million in legal fees run up so far to win back her children after the government and police screwed up? "This is the worst case I have ever heard of," said Vancouver lawyer Jack Hittrich as he headed into B.C. Supreme Court for another day of the continuing sordid saga.

The couple - referred to in legal documents by only their initials, J.P., the mother, and B.G., the father - separated Oct. 5, 2009 after a 10-year relationship when J.P. accused B.G. of assaulting her and one of their four children, two boys and two girls, then 7, 5, 3 and 1.

A few months later, on Dec. 30, acting on anonymous reports later proved false, the ministry seized the children from the mother.

The next day, the ministry's team leader was tape-recorded browbeating the mother, accusing her of fabricating the sexual assault charges - all before an investigation into her allegations had even begun.

For two years, the mother was treated as if she were a suspect, deemed to be suffering from an undiagnosed mental illness and accused of coaching the children to say they had been molested.

She received only minimal and intermittent supervised access while the father received unsupervised access and, she alleges, continued his sexual assaults.

It took until March 2012 for the ministry to realize it was supporting an abuser in his bid to gain sole custody and that the accusations against the mother were false.

The expensive proceedings have been churning away with no public attention, behind an airport-style metal detector and four sheriffs, and protected by court-ordered anonymity and publication bans.

The ministry called no evidence, admitted none of the mental health concerns were real and did an about-face after more than 60 days of trial, saying it no longer had concerns about the mom. The judge excoriated the ministry's expert psychologist for not doing a proper job.

It is a staggering example of the interminable length of time the legal system requires these days and the difficulty it has resolving high-conflict matrimonial disputes involving finger-pointing and he-said-shesaid claims of abuse.

After an outrageously long 92-day, Phase 1 trial over the children's seizure, Justice Paul Walker concluded in a 137-page ruling on June 25, 2012 that the mother suffered "from extreme distress caused by the sexual abuse disclosures and the apprehension of and subsequent separation from her children, and from finding herself in an ongoing situation where no one in a position of authority was prepared to believe her.

"I find that the mental health concerns, (that her ex-husband) reported to the ministry and the VPD and in his testimony, are without foundation. I agree ... those allegations 'were maliciously and deceitfully orchestrated by (B.G.) to hide the awful truth.'" He found the dad physically and sexually abused the children.

Yet, no criminal charges have been laid. The police investigation was seriously compromised by the ministry approach, Hittrich said.

"What is clear is the ministry had no interest in listening to any other view but their own conclusion that the children had been coached and the mother was a liar," Hittrich said explaining the mother's court argument.

"There is no ambiguity about where (the ministry team leader) is coming from (in the mother's view). He starts from a completely closed mind, but even more than closed, we believe he basically sank the investigation, tanked it from Day 1. When the police opened the file and began looking at things, they looked at it through the lens of mom is crazy, she is fabricating. They never took it seriously, the investigative process was completely tainted." Hittrich says the universityeducated, white-collar dad was cool, calm, collected and conned social workers and police.

He cooperated with the ministry and was given unsupervised access to his children including weekend visits against several Supreme Court orders to the contrary.

On May 29, 2012, the judge issued a restraining order against the father and awarded the mother full custody and guardianship.

B.G. displays "overt and unwarranted displays of hostility, belligerence, and an ongoing disregard for appropriate boundaries (including court orders) throughout the trial," the judge said. "B.G. is quick to anger, and has openly bragged that he can easily kill young children and women if his temper is unchecked.

"He has also made threatening remarks towards counsel. There is also evidence suggesting that B.G. has a problem controlling his temper when he consumes alcohol. B.G.'s two rifles are missing. ... I am satisfied that B.G. has not provided an honest account of the circumstances leading to the missing firearms."

The children were returned to their mom on June 15, 2012, after a reintegration plan was developed to help them recover "not only from the sexual and physical abuse but from the apprehension ..."

They remain traumatized, Hittrich said, exhibiting behavioural problems and inappropriate sexualized conduct. The trial has been in Phase 2 since April 10, with the judge hearing the mother's claims of public malfeasance, bad faith and abuse in care against the ministry to determine liability and damages.

This has been going on for three weeks and there are at least another three to go.

Legal fees and court costs total between $2 million and $3 million, Hittrich estimated.

This is an ugly indictment of the ministry and calls out for an investigation by the Representative of Children and Youth. Aside from the liability issues, there is a serious question about how this happened and why it took so long to resolve.

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